 Rescued Bears
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Introduction
Cruelty towards the animals is a known problem in
Pakistan. The existing law lacks
appropriate effect to force culprits to
stop cruelty on animals, because of the fear of
law enforcement agency. This
has forced such crimes to pene trate deep in the social
culture of the
country in the form of several rituals, including animal fights. The
problem
is still on a hike which is not only effecting the reputation of country
world wide,
but also having several negative consequences on the society. In
advanced/ civilized countries animal welfare is being addressed by solid and
comprehensive legislation which are lacking in our constitution.
BRC has taken initiative to tackle the
problem through legislative course, with a hope that the rising malevolence
could
be curved through a legal prosecution, which is only possible by
addressing the loop holes of the law and effectiveness of
the enforcement
agencies. The cruelty to animals is caused by:
Animals
used for medicine
Wild animals like musk deer is used for afrodiaziac medicine, owl for its
blood, antelope for their horns and members of carved and carnivores for
their skin are used in medicine and different other traditional purposes. It
is proved scientifically that the materials taken from animals have little
positive effect on the problem for which they are used; and there are some
more appropriate synthetic analogues available for the same purpose.
Poaching
Capturing
of live animals and their young ones is also a common practice. Bear cub
poaching from wild is a common example of it. During the process, poachers
capture bear cubs by killing their mothers. This activity not only declines
the adult bear population but also results in a serious blow on new
recruitments. These bears are then used in
different painful activities.
Animals in Painful Activities
Wild animals have been
used for baiting like baits of “Snake
and Mongoose” in which both animals get badly hurt. In street shows it is
common observations that monkeys are forced to dance and show tricks
according to the instructions of the owner. These tricks have been learned
by it after receiving a ruthless beating. Another example of animals in
pain is the horrible condition of animals in mobile zoos and circuses, where
animals are used for entertaining public but always kept underfed and in bad
housing conditions, inflicting pain and stress on them.
The bear cubs brought from the wild are sold in black
market. The Qalanders (nomadic gypsies) train them to dance. During training
animal has to obey its master, otherwise it has to face merciless beating.
As a first bustle, Qalanders pierce a small metal ring in the nose of a bear
cub and not allow the wound to heal. This metal ring hangs about in its nose
for whole of its life. As a second step of pain, they take out the incisors
and canine teeth, and the claws of bear cub. The cub is then forced to learn
dancing on a red hot iron plate and then practice it in street shows. A bear
cub after the age of 5-6 years is trained to fight against a pair of bull
terrier dogs. These dogs are produced by the crossbreeding of bulldogs and
lighter terriers. Bear baiting was introduced by the British rule in
seventeenth century. Before the British introduction of this game in the
area, the qalanders used to earn their by making these bears dance
in street shows. The British ruler encouraged the qalanders to bait their
bears to a pair of dog, being imported in to India. The feudal landlords
followed the path of the British rulers and eagerly adopted this “sport”
just to strengthen their hold in their area. The sport becomes a regular
event of the winter festivals and “melas” (village fairs) and “urs” (festive
event) at different dargahs (shrine of important religious personalities).
Rules of the Game
A tethered, clawless bear is pegged with the help of a 3-5
meter long rope. Then a pair of furious, strong and well fed dogs
is set
upon the bear for three minutes. The bear has to defend itself from the
dogs, the dogs attack on the sensitive areas of bear, like, mouth, chin or
muzzle. If dogs force the bear to roll and bear could not defend itself then
the dogs are declared as winners. If in first attack bear defeats the dogs
then it has to face another fresh pair of dogs. This can be repeated many
times.
If the bear manage to stand on its feet and dog owner decide that his
dogs are unable to defeat the bear then the bear
is declared as the winner.
Main
Concerns
Bears are the natural forest guards but the ruthless and
cruel activities have already resulted in the extinction of one bear
species, i.e., Baluchistan Black Bear (Mum, Ursus thibetanus gedrosianus;
endemic, critically endangered, CR C2a ( i ); D). The other two species
are vulnerable/ endangered (VU C1, Asiatic Black Bear or Himalayan Black,
Ursus thibetanus thibetanus;) or critically endangered (CR C2a ( i ); D,
Himalayan Brown Bear (Ursus arctos isabellinus). It is disturbing to
know that there is a higher population of the bears in illegal possession
than that in surviving in the wild. When a reasonable population of bear was
present in the forests of the northern areas, no one was courageous enough
to spoil the forests. But now after ruthless killing of bear and poaching of
the bear cubs, the forests are open to all sorts of exploitation through the
hands of the timber mafia, cutting down the trees fearlessly. The
decrease in the trees cover, not only destroys the
environment, but also leads to socioeconomic problems in area. These painful
activities are responsible for not only inflicting pain to the
concerned animal/ animals but also result in a decline in the
wild populations of the species, leading it to vulnerable/ endangered /
extinction status. Such activities are indirectly effecting the survival of
the other animal species and the forests, which in its turns affects the
water cycle and ultimately the total environment and the human survival.
These cruel activities are also affecting our social values and norms
directly by provoking criminal thoughts in the youth.
Legal Position in
Pakistan
The baiting of animals is banned in Pakistan under the
Prevention of Cruelty Act, 1890. However, the department responsible for
ensuring the implementation of this law has been closed and hence the act
has becomes ineffective.
Under the Punjab Wildlife Acts, 1974, the black bear can not
be kept in houses and the purchase or sale of black bears is prohibited. The
act also protects the species as Minor Acts, under sub section (6-C), which
is read as under:
a)
Penalty for baiting or inciting animals to fight
b)
Incites by animal, or
c) Aids
or abets and such incitement or baiting.
He shall be punished with fine which may extend to fifty rupees.
Under the
section 21 of the act, the violation of any provisions of sections
9,10,11,12,13,14,15 and 28 shall be punishable with imprisonment, which may
extend to a period of two years or with a fine, which may extend to five
thousand rupees, or both, subject to minimum imprisonment of one year and a
fine of one thousand rupees and suspension of license or permit granted or
issued to him under this Act for the period of five years”.
This act
can be only implemented with the help of wildlife authorities. No member of
the civil society or non-governmental organization can approach any court
without the help of Provincial Wildlife Department. The Punjab Wildlife Act,
1974
clearly states under the section 33 that every officer or any other
person authorized by the government in this behalf shall be competent to
prevent by all lawful means the commission of any offence under this act
while section 34 states that cognizance of any office under this Act shall
not be taken by any court except on the complaint of the officer or any
person authorized by Government in this behalf. The act proclaims under
section 35 that no court inferior to that of a Magistrate of the first class
shall take cognizance of an offence under this act.
Government can help in
curbing bear baiting/ poaching as per provisions of sections 26, 27 and 31,
which are read as:
Section 26. Any officer authorized by Government in this behalf, may
seize any wild animal, dead or alive.
Section 27.
Notwithstanding any other provision of this Act, the officer authorized in
this behalf may sell any property seized under section 26 which is subject
to speedy and natural decay and May, subject to the determination of the
rights thereto; deal with the proceeds in such manner as may be prescribed.
Section 31. (1) Any officer authorized in this behalf may, without
orders from a magistrate and without a warrant, arrest any person against
whom a reasonable suspicious exists of has having been concerned in any
offence under this Act.
(2) Every officer making an arrest under this section shall, without delay
and subject to the provisions of this act as to release on bond, take or
send person arrested before the magistrate having jurisdiction in the case
or before the officer–in-charge of the nearest police station.
Capturing or poaching of bear cub
Poaching of bear cub has
been prohibited, in
Pakistan,
according to the following Acts;
>> North West Frontier Province, Conservation and Management Act,
(1975).
>>
Punjab Wildlife
Protection, Preservation, Conservation and Management Act, (1974).
>>
Sindh Wildlife
Protection Ordnance, (1972).
President’s
Directive
In year 2001,
President General Pervaiz Musharraf passed a directive, according to which
all bears confiscated from bear baiting events should be sent to Pakistan
Bear Sanctuary situated at Kund, which is read as:
No –
2/15/2001
- imp. Soft (ext) no – 10/ 92 / P – IV addressing all the relevant
authorities in Pakistan and states that bearbaiting must be stopped and
bears involved should be confiscated and shifted immediately to WSPA bears
sanctuary at Kund Park, NWFP.
Religious Point of
View
Qura’an and
Sunna very clearly regards the setting of animals upon each other to fight
as illegal in Islam.
The Holy Qura’an Allah Says: “O’ Believers Allah will try you out through
the hunting what will you do with your hands and spear so that he can find
out who is frightened of Him without seeing, and the one who cross the limit
will face a great rebuke.” (Al Qura’an 5, 94)
The Holy Prophet (PBUH) said; “Whoever kills a sparrow or any thing
bigger then that without a just cause, Allah will hold him accountable on
the Day of Judgment.” The Prophet Muhammad (PBUH) also said; “All creatures
are family (Ayal) of God: and he loves the most those who are the most
beneficent to his family.”
(Narrated by
Anas. Mishkat Al-Masahib, 3: 1392; quoted from Bukhari)
Loop-Holes in the Existing
Law
The
flowing loop-holes exists in the existing laws relating animal welfare.
1.Ineffective
Punishment:
According
to the law the maximum possible fined liable to be imposed on an offender is
grossly
insufficient (just Rak. Rs. Fifty) to keep the offender away from this
brutal practice. The amount of the maximum and
minimum fine needs to be revised. The imposition of imprisonment should
also be revised and raised to maximum possible
level to make the law more effective.
2.Absence of Enforcement Agency:
The Department legally responsible for implementation of the Cruelty Act,
i.e., Anti-
Cruelty Department (Mehakma-i-Insidad-i-Berehmi), does not exist now, and
its powers have not been delegated to any
other department. Thus for all practical purposes the Act is suspended
and can not be handled under the court of law.
The fact of
the matter is that up n till now no case has been filed and processed by the
department or presented to high
court or magistrate for punishments. Moreover not a single punishment has
been announced or implemented by the court or
wildlife department
Our Legal Stand
Under the
present analysis of the situation, BRC is of the opinion that a writ
petition may be filled against the concerned department as well as the
provincial government praying for the implementation and explanation of the
Punjab Wildlife Act 1974.
It
also may be specified through ruling of Honorable High Court that “Bear
Baiting” should be strictly prohibited and punishment be revised to make
these more effective as the presently proposed punishment under the
provisions of the said act are not sufficient to effectively check the
crime. We can also pray for the confiscation of the bears detained in the
private custody. Our legal team is working to revise the existing law.
Through the order of the Honorable High Court of Lahore petition must be
written against the culprits and Wild life Department, to fulfill their
duties according to rules. To get intention, we have been filed a writ
petition in the said court since November, 2007 which is in process
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Sanctuary
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Religious based Awareness
Bear Census
Infotainment
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Networking
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